opposing the
implementation of rules for new electric generating units that require technology
that is not commercially available or technologically feasible and that do not
recognize the state's primary role in establishing and implementing plans to
achieve emissions reductions for existing units.

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Whereas, the Clean Air
Act (CAA) is a federal law designed to minimize air pollution nationwide; and

Whereas, jurisdiction
to implement the CAA lies initially with the states and Indian Tribes; and

Whereas, the CAA
requires the Environmental Protection Agency (EPA) to enforce regulations that
are intended to protect the public from air pollutants believed to be hazardous
to public health; and

Whereas, in 1970,
Congress amended the CAA by mandating comprehensive state and federal
regulations for both stationary and nonstationary sources of pollution; and

Whereas, in April of
2009, the EPA issued an endangerment finding, declaring that current and future
greenhouse gas emissions pose a serious threat to public health and safety,
allowing the agency to regulate carbon dioxide emissions; and

Whereas, as written,
the CAA gives states the primary role in establishing and carrying out plans to
comply with EPA regulations, allowing states, in developing and applying such
standards of performance, "to take into consideration, among other
factors, the remaining useful life of the existing source to which such
standard applies"; and

Whereas, as written,
the CAA requires the EPA to consider the economic impact of its proposed
regulations; and

Whereas, the EPA may
take into account factors such as unreasonable cost of control, physical
impossibility of installing necessary control equipment or other factors when
determining appropriate emissions standards and compliance timelines; and

Whereas, while
Americans support efforts to improve air quality, such efforts should be
carefully balanced to ensure that the cost of new regulations on the economy do
not exceed potential benefits; and

Whereas, on January 8,
2014, the EPA published rules in the Federal Register that will require carbon
capture and sequestration for new coal electrical generating facilities; and

Whereas, carbon
capture and sequestration technology is not commercially available; and

Whereas, the EPA has
been directed to propose guidelines to reduce greenhouse gas emissions from
existing electric generating units by June of 2014; and

Whereas,
concentrations of greenhouse gases are the result of global emissions and do
not constitute an immediate risk as do other criteria pollutants; and

Whereas, addressing
greenhouse gas emissions under 111(d) is a discretionary duty of the EPA as
outlined in the CAA; and

Whereas, devoting
resources to discretionary duties such as regulating greenhouse gas emissions
takes away resources from nondiscretionary duties that are more essential to
protecting public health in the near term; and

Whereas, it is
important to Arizona’s economy to have a diverse energy portfolio that provides
reliable and affordable electric service to Arizona residents and businesses,
which is also important to the public health and welfare; and

Whereas, fossil fuels,
including coal and natural gas, provide an abundant and affordable domestic
energy source that is critical to Arizona’s economy and the availability and
reliability of electric service.

Therefore

Be it resolved by the Senate of the State of Arizona, the House
of Representatives concurring:

1. That the
Members of the Legislature oppose the implementation of rules for new electric
generating units that require technology that is not commercially available or
technologically feasible.

2. That the
Members of the Legislature support the EPA in issuing guidelines for practical
state-established performance standards that are based on reductions of carbon
dioxide emissions that can be achieved by measures undertaken at fossil-fueled
electric generating units and that do not require New Source Review.

3. That the
Members of the Legislature support the EPA in giving Arizona the maximum amount
of flexibility that is allowed under the CAA in setting performance standards
and compliance schedules for electric generating units within its jurisdiction.

4. That the
Members of the Legislature oppose the implementation of rules for new or
existing electric generating units that do not recognize the state's primary
role in establishing and implementing plans to achieve emissions reductions for
existing units under Section 111 of the CAA.

5. That the
Members of the Legislature support the exercise of oversight by Congress over
the EPA to ensure that the state’s primary role in establishing and
implementing rules under Section 111 of the CAA is respected.